City Council
Regular MeetingOgden, UT · March 7, 2017
Minutes
1 Minutes of Work Session of Council of Ogden City, Utah, March 7, 2017 Page
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4 Minutes of the Work Session of the Ogden City Council held on Tuesday, March 7, 2017 at 4:00 p.m., in the Council
5 Work Room located on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah.
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7 Present: Chair Marcia L. White
8 Vice Chair Richard A. Hyer
9 Council members Bart E. Blair (arrived at 4:02 p.m.)
10 Luis Lopez
11 Ben Nadolski (arrived at 4:04 p.m.)
12 Doug Stephens
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14 Interim Council Executive Director Janene Eller-Smith
15 Council Policy Analyst Glenn Symes
16 Council Policy Analyst Amy Sue Mabey
17 Communications Manager Brittany Griffin
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19 Excused: Council member Neil K. Garner
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21 Also present: Chief Administrative Officer Mark Johnson
22 Public Services Director Jay Lowder
23 Community and Economic Development Director Tom Christopulos
24 Community and Economic Development Deputy Director Brandon Cooper
25 Airport Manager Jon Greiner
26 Chief Deputy City Attorney Mara Brown
27 Assistant City Attorney Mel Smith
28 Planning Manager Greg Montgomery
29 Comptroller Lisa Stout
30 Deputy City Recorder Julia LaSeure
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33 The purpose of the Work Session was to review the items listed on the agenda for the meeting scheduled to begin at 6:00
34 p.m., discuss a new Commercial Air Service Proposal, a proposed FY2017 budget amendment relating to the New Commercial Air
35 Service, consider a proposed lease of City property to Family Promise of Ogden, receive a planning update, hear Council member
36 comments, and discuss Council business.
37 Chair White welcomed Boy Scout, Cole VanOrman, who was working on his Communications Merit Badge.
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39 Agenda Review
40 Chair White and members of Council staff briefly reviewed the items listed on the agenda for the Council meeting
41 scheduled to begin at 6:00 p.m.
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43 New Commercial Air Service Proposal
44 Interim Council Executive Director Eller-Smith explained City Administration is proposing an aggressive proposal to
45 entice new commercial air service to Ogden Hinckley Airport. Community and Economic Development Director Christopulos
46 believes a “catalytic” project is the only way to change the financial trajectory of the Airport. The City’s General Fund has been
47 subsidizing the Airport Fund by between $500,000 and $750,000 per year for at least the last decade, and probably much longer.
48 Increasing demands on the General Fund for other city services makes this subsidy unsustainable. Based on the results of the 2015
49 Feasibility Study, Community and Economic Development staff concluded that the quickest way to improve the financial
50 condition of the airport was to take a multi-faceted approach towards development. Community and Economic Development staff
51 has had some success in increasing general aviation and would like to focus on getting additional commercial air service. The
52 Administration is hoping to attract charter flights that will complement efforts of the local company, Get Away Today, to deliver
53 controlled experiences for vacationers. Destination Express, a new startup company, will work with Get Away Today and other
54 businesses to provide charter air service to Los Angeles and Oakland initially, with service to Orlando and Cancun added later.
55 Ms. Eller-Smith concluded Administration is proposing an incentive package of $1.5 million to entice airlines to provide charter
56 service to Ogden Hinckley Airport. This package would include funds for escrow and assurances to support operations for at least
57 one year. The Administration hopes to receive a Federal Aviation Administration (FAA) grant to cover some or all of the
58 marketing costs. The Administration is also requesting that Davis and Weber Counties contribute toward the project.
59 Assistant City Attorney Smith briefly reviewed the history of the Ogden Airport and summarized FAA regulations that
60 pertain to the Airport and the proposal. The City subsidizes operations at the Airport from the General Fund; in addition to this
61 subsidy, maintenance of infrastructure at the facility has been deferred. If this maintenance were being performed, it would likely
62 be necessary to contribute an additional $500,000 per year to the Airport. A legitimate concern of City Administration, the City
63 Council, and the FAA is that airport users are not covering this subsidy and, instead, the subsidy is being covered by the general
64 coffers of the City. The goal is to improve operations at the Airport so that it is self-sustaining and to this end the City conducted a
65 feasibility study in 2015. The four main objectives identified in this study are to increase the commercial passenger travel to and
66 from the Airport; attract a new air cargo service to the Airport; increase general aviation at the Airport; and, finally attract aviation
67 related business industries to the Airport or the City. The City has taken some steps towards these objectives and has worked
68 closely with Allegiant Air to try to improve the offerings at the Airport and they currently offer a few flights per week from Ogden
69 to Mesa, Arizona. The City has invited Allegiant to expand service from the Ogden Airport but they are unwilling or unable to do
70 so at this time. This has led the City to study opportunities for providing incentives to other carriers in order to introduce an
71 additional entrant into the market and create some competition. Locating a commercial service at the Airport allows the City to
72 receive approximately $1 million per year of federal funding, so it is wise for the City to pursue another commercial carrier.
73 Commercial carriers are hesitant to move into a small market and it is necessary to provide a large incentive to make that move
74 feasible. The City would like to secure a carrier that would provide thirteen flights per week to destinations such as Los Angeles,
75 Oakland, and Orlando. Incentives could come in the form of fee waivers for the first year, which would total $115,000. Two
76 additional major categories of non-Airport fund incentives are $500,000 mobilization guarantee incentive (escrow) that the Airline
77 could use to move to another location if they are not successful after one year and $125,000 quarterly payments towards a revenue
78 guarantee. Mr. Smith explained the $500,000 escrow would be funded as follows: $240,000 from Ogden City and $260,000 from
79 Davis/Weber Counties and would be held via contract by a major bank. Another $500,000 for revenue guarantee would be funded
80 by $200,000 from each of the Counties and $100,000 from a local business that has offered a verbal commitment to participate.
81 He stated the guarantee escrow will be a very active account and should be established with a lender that is familiar with airport
82 activities. If an air carrier is profitable, a percentage of their profits will be deposited into the escrow account; if the market
83 continues to be strong, flights should be full and an airline can be successful at the Ogden Airport. He facilitated a discussion
84 about the tools the City and an air carrier can use to ensure that the carrier can be successful and operate with full flights. There
85 was a focus on marketing and familiarization and Mr. Smith noted that the costs associated with these tools will be split among the
86 City and Davis and Weber Counties. He noted that additional expenses include a standby engine starter, increased labor, capital
87 improvements at the Airport for new parking, upgrades to bathrooms and shuttle buses, and additional marketing costs for which a
88 small airport grant would be sought.
89 Council member Nadolski asked about the responses from Davis and Weber Counties when they were approached
90 regarding this proposal. Mr. Smith replied that discussions between the entities have been underway for some time and a
91 Memorandum of Understanding (MOU) has been drafted and delivered to both counties. Both counties must follow a public
92 process to consider the MOU though it is nonbinding. Once executed it will mature into a binding contribution agreement and he
93 is unsure how long that process may take. City Administration is very optimistic that both counties will participate. Davis County
94 may stand to gain a greater benefit from the proposal because they have a greater number of hotels than Weber County and,
95 therefore, they would experience a greater revenue increase because of increased transient room tax and other tourism related
96 revenues. Council member Nadolski stated that the risk to the City is much greater if the counties decide against participating in
97 the project and that is causing him discomfort. Mr. Smith explained the City would not proceed with the project unless the binding
98 contracts are signed. If a contract is signed with an airline, it would be subject to execution of the county contracts or the county
99 contracts would be signed first. Council member Nadolski stated that addresses his concerns.
100 Council member Lopez asked Mr. Smith to expound on the $100,000 to be contributed by a private business. Mr. Smith
101 reiterated that he could not divulge the name of the business as the deal is not yet public, but the $100,000 contribution would be
102 used for the revenue guarantee escrow and would be returned to the business if not used.
103 Mr. Smith reviewed the $250,000 fiscal impact for capital improvements at the Airport. There are 225 parking stalls at
104 the Airport and the parking area is only at 12 percent of capacity at this time, but it is still generating $30,000 in fees. If thirteen
105 additional flights are added at the facility, the parking need would increase to 405 parking stalls. This is a shortage of
106 approximately 200 stalls and the short-term solution for this issue is to use the parking lot across the street and to the south and
107 potentially rent parking space from a third party in the vicinity. Long term, other City-owned land could be converted to parking
108 space to meet the ongoing needs. If 405 parking stalls are used to capacity on a regular basis, that would generate approximately
109 $500,000 in parking fees per year. Half of that revenue would stay at the Airport since half of the parking stalls would be on
110 Airport property and the other half would be deposited into the City’s General Fund and could help to offset subsidies the City has
111 been paying. Council member Nadolski asked whether any of the proposed capital improvement projects for the Airport are
112 already included in the adopted Capital Improvement Plan (CIP). Ms. Eller-Smith answered no and indicated an amendment
113 would be necessary. Council member Nadolski asked if the parking fee revenues will be the primary revenue source for the City.
114 Mr. Smith answered yes, but noted there are many other revenue opportunities for the City. He then discussed the $125,000
115 expense for a shuttle service and staff to operate the shuttle. This would be a one-time expenditure to acquire an asset that could
116 be sold in the event the program is not successful.
117 Mr. Smith reviewed potential benefits to the community associated with the project, including:
118 Reduction in current operating losses as a result of revenue gains between $250,000 and $500,000 depending on
119 the number of flights and percentage of flying public using paid parking in the first two years;
120 Flight revenues between $500,000 and $1 million from land fees and flowage fees;
121 Continuation of business attraction at the airport and improvement to hangers leading to additional revenue;
122 Additional airline attraction providing alternatives to secondary carriers;
123 Diversification from single airline carriers;
124 Revenues for ramp and infrastructure improvements and deferred maintenance, which are indirect risks; and
125 Reduction of the costs for future inducements to acquire new routes.
126 General discussion centered on the revenue sharing ratio between the City and Davis and Weber Counties if the project is
127 successful. Mr. Smith noted that revenues will be distributed proportionate to the amount of money that each entity initially
128 contributes to the incentive package.
129 Ms. Eller-Smith asked Mr. Smith to provide the Council with information regarding the proposed Community
130 Development Block Grant (CDBG) loan for the project. Mr. Smith stated that a private business, Destination Express, has made
131 application and qualified for a $500,000 CDBG loan as a start-up company. They would be instrumental in marketing flights and
132 destinations to attract users to the Airport. The company would make no payments on the loan for the first two years and after
133 that, the payment schedule would be amortized over three years with a balloon payment. Ms. Eller-Smith stated this loan is
134 contemplated in the Annual Action Plan Amendment #1, which the Council will be considering on March 21, 2017. There was
135 additional discussion regarding the potential risk associated with the CDBG loan.
136 Mr. Smith reviewed the proposed timing of the proposal, noting that in order to take advantage of the heavy travel season,
137 new services need to be available on June 1, 2017. Ms. Eller-Smith reviewed a document included in the Council packet
138 identifying all Council actions that would need to occur in order for City Administration to proceed with the proposal, with the
139 final action being approval of the fiscal year (FY) budget to receive contributions from Davis and Weber Counties as well as a
140 local business, and marketing grant funds. Mr. Smith noted that approval of the parameters resolution during the March 14, 2017
141 meeting is key as it authorizes the Mayor to issue a request letter of intent to airlines and enter into the MOUs with Davis and
142 Weber Counties.
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144 FY2017 Budget Amendment – New Commercial Air Service
145 Comptroller Stout reviewed a proposed budget amendment totaling $3,005,000. The budget amendment would
146 appropriate Business Depot Ogden (BDO) Retained Earnings for economic development activities geared toward enticing
147 additional commercial air services to the Ogden Hinckley Airport. The proposed expenditures are as follows:
148 $250,000 in the Capital Improvement Project (CIP) fund for upgrades to existing parking facilities and
149 development of additional parking.
150 $1,315,000 in the Airport Enterprise Fund for support of a commercial air service. This transfer will be
151 appropriated to fund an airline assurance reserve of $500,000 and an operational reserve for a travel agency of
152 $500,000. The City will continue to work with Davis and Weber Counties to secure their contributions to the
153 project.
154 $50,000 loan to the Airport Enterprise Fund for purchase of a piece of equipment known as an “air start”. This
155 will be a five-year loan and the repayment source is Airport revenue from increased parking and baggage fees.
156 $125,000 increase in parking fee revenue budget as an appropriation for temporary wage expenses for airport
157 staffing, including Police and Fire support to the airport.
158 The Council engaged in discussion with Ms. Stout regarding discrepancies between her information and the financial
159 information provided by Assistant City Attorney Smith during his discussion of the New Commercial Air Service Proposal. Ms.
160 Stout indicated that she assembled the budget opening proposal with information made available to her, but not included are the
161 $500,000 for marketing, which will not be addressed until a marketing grant is awarded to the City, wage costs of $75,000 and a
162 fee waiver of $120,000.
163
164 Consideration for Lease of City Property to Family Promise of Ogden
165 Council Policy Analyst Mabey explained Family Promise of Ogden (FPO) desires to lease and locate its Day Center and
166 offices in the vacant City building at 340 Washington Boulevard (formerly used as Fire Station #3). Hours of use and operation
167 would be from 7:30 a.m. to 5:00 p.m. and the number of patrons at the day facilities would not exceed fourteen. This proposal is
168 for the City Council to determine whether the tangible and intangible benefits that come from leasing the property to FPO at no
169 cost are adequate. She noted City Administration has identified anticipated tangible and intangible benefits of the lease, which
170 include:
171 Public safety by removing the presence of a vacant property and the impacts on neighboring properties;
172 Reduction of maintenance costs for the facility, including: landscaping, parking lots and overall wear and tear;
173 Helping to mitigate the negative impacts of homelessness, particularly for children and families; and
174 Reduction in unemployment.
175 The property is located in a C-3 Regional Commercial Zone and is comprised of a single building on a single parcel of
176 land approximately 20,000 square feet in size. FPO would occupy approximately one-half of the building and other areas of the
177 facility are to be used for City storage. The Planning Commission does not consider a recommendation for this proposal because
178 this request complies with existing zoning regulations. Ms. Mabey concluded the intended outreach for this effort will include the
179 legal publication of the public hearing, a mailing to nearby property owners, outreach to local media and communication through
180 City Council social media accounts.
181 Community and Economic Development Deputy Director Cooper provided an overview of discussions that have taken
182 place between the City and FPO. The nonprofit entity is requesting a zero-rent lease from April 1, 2017 to March 30, 2018 for
183 portions of the recently retired Fire Station #3. He explained FPO is part of a national Family Promise organization founded in
184 1986 to serve families in transition. It is a coalition of churches committed to helping families with children move from
185 homelessness to independence. Families are sheltered in local churches while “wrap around” services are provided to secure
186 employment, social services and permanent housing for the family. He reiterated City Administration’s perceived benefits of the
187 lease as summarized by Ms. Mabey.
188 Vice Chair Hyer asked if there are plans to eventually dispose of the facility. Mr. Cooper replied that Fire Chief Mathieu
189 has indicated his short-term plan is to continue to use the facility for storage needs and that activity can continue concurrent to
190 FPO’s use of the facility. He indicated there is not much hope for adaptive reuse of the facility in the long-term. Chief
191 Administration Officer Johnson stated the City will likely eventually sell the property upon completion of Fire Station #4 or
192 completion of a new fire training facility.
193 Mr. Cooper summarized the terms of the lease agreement, and more specifically, the termination clause in the agreement.
194 He stated that staff will work closely with FPO over the next year to aid in finding a more viable location for the entity. He
195 reviewed insurance requirements addressed in the lease, noting FPO will be required to secure insurance to cover their physical
196 assets as well as the structure. He stated that as typical with most leases, the landlord is responsible for maintenance of the core
197 and shell of the building but everyday ongoing maintenance will be the obligation of the tenant. Mr. Cooper stated the lease does
198 not provide for outdoor playground equipment or other outdoor space. Considering the short-term nature of the lease, it would not
199 be sensible to make that type of investment in the facility. Mr. Cooper stated that the building is currently secure, but he is not
200 sure whether the tenant will need additional security for their own business purposes. Ms. Mabey added that a representative of
201 FPO assured her that they conduct background checks on all potential tenants of the facility because they want the highest success
202 rate possible for their patrons. Mr. Cooper noted that from an economic development standpoint, the City’s strategy is to reduce
203 these types of uses in the community due to the feeling that there is a disproportionate share of them in Ogden and that the uses
204 should be spread out among multiple counties; however, staff is willing to support FPO because of the type of clientele they serve,
205 which consists of families in duress.
206 Council member Stephens asked if FPO offers counseling and job placement services, to which Ms. Mabey answered yes.
207 Both services are offered as the ultimate goal is to help families recover from homelessness.
208 Mr. Cooper explained it is his understanding there will be an executive director and two staff members as well as the
209 influx of clientele and parking is adequate.
210 Council member Stephens asked if the entity will remodel the old fire station facility to suit their needs. Mr. Cooper
211 replied one reason the fire station is attractive to FPO is that it already has many of the facilities they need, such as a kitchen and
212 shower facilities; he does not anticipate extensive remodeling. Ms. Mabey added that FPO works with religious organizations to
213 house families in their church buildings overnight, meaning that families will not be sleeping at the center and it truly will be just a
214 day center.
215 Chair White clarified the only reason this lease is coming to the City Council for consideration is that it is a no-cost lease;
216 City Administration could execute any lease with monetary consideration. Ms. Mabey replied that is correct. Discussion then
217 centered on community outreach to inform residents and neighboring property owners of the potential location of the day center at
218 the fire station, after which Ms. Mabey communicated that the Council will hold a public hearing on March 21, 2017 to consider
219 approval of the lease.
220
221 Planning Update
222 Planning Manager Montgomery provided the Council with the following planning report:
223 Vacation Rental Forms and Applications. Since the adoption of the vacation rental regulations, the city has created
224 handouts and forms for vacation rental applications. The first applicant pointed out some language that was not clear. Revisions
225 were made to try to make the process as clear as possible and staff is still working on minor adjustments to make sure the forms
226 and application process are simple and easy to understand. As of today, there have been five applications made for vacation rental
227 licensing and all are non-owner occupied.
228 Harrison Boulevard Pole Sign Ordinance Revisions. There has been additional research done on this topic such as the
229 number of existing monument signs, their visibility from travel lanes and the impact snow has on the signs. The Planning
230 Commission wanted further information and public input prior to submitting a final recommendation to the City Council on this
231 item. The Commission will be looking at making a recommendation in May.
232 Lester Park Design. Planning Staff attended a meeting with the Utah Chapter of the A.I.A. (American Institute of
233 Architects) and discussed the Lester Park Design project. The top three winners presented the thoughts behind their designs to the
234 group. After the discussion two of the design teams that were present (the third did their presentation over the internet) they
235 discussed the things they learned from the design and looking at the other winner’s designs. They felt this dialogue opened up
236 possible changes that should be made to make a successful design. Council and Administrative Staff will be scheduling a work
237 session in the near future to discuss some possibilities.
238 Conditional Use Amendments. Presently 197 conditional uses have been identified as needing to be revised. The
239 Planning Commission had a work session to discuss approaches to the various conditional use permits. It was determined that
240 there are three general conditions that will be developed:
241 1. Uses where what is needed are applicable standards and they could then be a permitted use
242 2. Uses that are not appropriate and will be removed as options in the zone
243 3. Uses that will remain conditional uses with better review standards for mitigating impacts and expectations of
244 the review.
245 The goal is to have a recommendation from the Planning Commission made in May of this year.
246 Noticing to City Council of Planning Commission Notices. The Planning Division had made a commitment to provide
247 the City Council members copies of all notices that were mailed out to property owners. The notices for February were not mailed
248 out and the March meeting was forwarded to Council staff thinking they would be mailed out by them. Planning staff has cleared
249 up this misunderstanding and will mail the notices directly to Council members’ homes at the same time as they are mailed to the
250 neighborhoods on the items. Planning staff apologizes for the miscommunication.
251 Arts District Plan. The City received a grant from the National Endowment for the Arts to develop a plan for a
252 downtown arts district. Open houses with both business owners (March 16, 2017, 6-7:30 pm at the Parlor) and property owners
253 (March 29, 2017, 6-7:30 pm at the Dumke room) to explore the ideas of what an art district is and what it can do to revitalize an
254 area will be held. The intent of the plan will be to create design standards for the public right-of-way, creating areas for public art
255 display, and uses that will encourage the development of the arts. Already a project has been reviewed by the Planning
256 Commission to reuse a home that had been a treatment facility to an art studio at 529 25th Street.
257 UTA BRT Economic and Land Use Study. Utah Transit Authority (UTA) has received a grant to conduct land use and
258 economy studies of the area around the Bus Rapid Transit (BRT) corridor. Staff will be involved in helping with the research data
259 needed to identify areas with potential increased development that a BRT may create. An important part will be the market study
260 to determine Ogden’s potential market for such development as each community has its own dynamic of how it responds. This
261 will help in proper planning based on expectations of what the market will do to make sure future development is located properly
262 and can actually occur.
263 Trails Committee Responsibilities. The responsibility of the Trails Committee has shifted completely to Public Ways
264 and Parks instead of a joint responsibility between Planning and Public Ways and Parks. This will provide a more efficient use of
265 City resources especially in procurements and coordinating projects. Planning still sits as an advisory to the committee but all
266 actions are under the direction of Public Ways and Parks.
267 There was brief general discussion throughout Mr. Montgomery’s presentation as the Council sought clarification of the
268 information provided.
269
270 Council Business
271 Ogden City Budget Video Contest: Interim Council Executive Director Eller-Smith provided the Council with a handout
272 summarizing the rules and guidelines of the Ogden City Budget Video Contest. First place, second place, and two honorable
273 mention awards will be presented and participants will retain ownership of their videos, but the winner will enter into an
274 agreement for digital media with the City.
275
276 The meeting adjourned at 5:58 p.m.
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278
279
280
281 JULIA M. LASEURE. MMC
282 DEPUTY CITY RECORDER
283
284 MARCIA L. WHITE, CHAIR
285
286 APPROVED: June 13, 2017
287
Minutes of Regular Meeting of Council of Ogden City, Utah, March 7, 2017 Page
Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, March 7, 2017 at 6:03 p.m., in the Council
Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah.
Present: Chair Marcia L. White
Vice Chair Richard A. Hyer
Council members Bart E. Blair
Luis Lopez
Ben Nadolski
Doug Stephens
Interim Council Executive Director Janene Eller-Smith
Council Policy Analyst Glenn Symes
Council Policy Analyst Amy Sue Mabey
Communications Manager Brittany Griffin
Excused: Council member Neil K. Garner
Also present: Mayor Michael P. Caldwell
Chief Administrative Officer Mark Johnson
City Attorney Gary Williams
Chief Deputy City Attorney Mara Brown
Community and Economic Development Deputy Director Brandon Cooper
Public Services Director Jay Lowder
Deputy City Recorder Julia LaSeure
At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Council member Nadolski.
A moment of silence was observed.
Proposed Resolution 2017-4 amending the Annual Action Plan for the Fiscal
Year 2017
A memo from the Community and Economic Development Department regarding proposed Amendment #1 to the Fiscal
Year (FY) 2017 Annual Action Plan (AAP) came before the Council for consideration. The memo stated that as a requirement to
receive federal funding from the U.S. Department of Housing and Urban Development (HUD), each year the City’s Community
and Economic Development Department prepares and submits to the Council what is known as an Annual Action Plan. The AAP
outlines how federal Community Development Block Grant funds, HOME funds, and other federal and non-federal program funds
will be used by the City in the upcoming fiscal year. When the plan is submitted to HUD in May of each year, specific dollar
amounts for entitlement grant funds, program income funds, and carry-over funds are estimated for the next fiscal year. Part way
through the year, after the specific dollar amounts are known, an amendment must be made to the plan to update the Annual
Action Plan budget. Often when the mid-year amendment is proposed, changes in funding levels within certain programs and line
items are proposed as well. This amendment contains those changes.
Chair White then introduced in writing proposed Resolution 2017-4, entitled:
“A resolution of the Ogden City Council adopting amendment #1 to the Annual Action Plan for the period July
1, 2016 through June 30, 2017, and directing that this document be submitted to the U.S. Department of
Housing and Urban Development.”
A copy of the proposed resolution was deposited with the Deputy City Recorder and ordered that the City Recorder have
at least one copy available for public inspection in her office during all business hours.
The proposed resolution was then read by long title.
VICE CHAIR HYER MOVED A PUBLIC HEARING ON THE PROPOSED RESOLUTION BE HELD IN THE
CITY COUNCIL CHAMBERS ON MARCH 21, 2017, DURING THE CITY COUNCIL MEETING TO BE HELD AT
6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW.
MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Garner was not
present when this vote was taken.
Proposed Ordinance 2017-6 amending the FY2017 Budget for anticipated
revenues for $1,289,210 related to FY2017 Annual Action Plan Amendment
#1
A memo from the Comptroller regarding a proposed amendment to the Fiscal Year (FY) 2017 budget came before the
Council for consideration. The memo stated the budget amendment is related to the Annual Action Plan mid-year budget
amendment for FY2017. This action amends the City’s budget to reflect the changes proposed in the Annual Action Plan budget
submitted to HUD. The City budget amendments total $1,289,210 while the Annual Action Plan budget amendments total
$1,679,397. The difference in the amounts is the result of a previously approved budget amendment recognizing an
Redevelopment Agency loan repayment to the Home Emergency Loan Program fund of $340,000 and a budget correction related
to the Administration line item in the Annual Action Plan budget of $50,187. The amendment to the Annual Action Plan budget is
approved through a separate action of the Council.
Chair White then introduced in writing proposed Ordinance 2017-6, entitled:
“An ordinance of Ogden City amending the budget for the Fiscal Year July 1, 2016 to June 30, 2017 by
increasing the anticipated revenues for a gross increase of $1,289,210 from sources as detailed in the body of
this ordinance; and increasing the appropriations for a gross increase of $1,289,210 as detailed in the body of
this ordinance; and providing that this ordinance shall become effective immediately upon posting after final
passage.”
A copy of the proposed ordinance was deposited with the Deputy City Recorder and ordered that the City Recorder have
at least one copy available for public inspection in her office during all business hours.
The proposed ordinance was then read by long title.
VICE CHAIR HYER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE
CITY COUNCIL CHAMBERS ON MARCH 21, 2017, DURING THE CITY COUNCIL MEETING TO BE HELD AT
6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW.
MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Garner was not
present when this vote was taken.
Proposed Ordinance 2017-12 amending the FY2017 Budget for anticipated
revenues for $3,005,000
A memo from the Comptroller regarding a proposed amendment to the FY2017 budget came before the Council for
consideration. The memo stated the Council is being asked to consider setting a public hearing on a proposed ordinance that
authorizes budget amendments totaling $3,005,000. The budget amendment appropriates Business Development Ogden Retained
Earnings for economic development activities geared toward enticing additional commercial air services to the Ogden-Hinckley
Airport. Expenditures fund additional parking, Federal Aviation Administration required reserves, and cover marketing and
outreach efforts.
Chair White then introduced in writing proposed Ordinance 2017-12, entitled:
“An ordinance of Ogden City amending the budget for the Fiscal Year July 1, 2016 to June 30, 2017 by
increasing the anticipated revenues for a gross increase of $3,005,000 from sources as detailed in the body of
this ordinance; and increasing the appropriations for a gross increase of $3,005,000 as detailed in the body of
this ordinance; and providing that this ordinance shall become effective immediately upon posting after final
passage.”
A copy of the proposed ordinance was deposited with the Deputy City Recorder and ordered that the City Recorder have
at least one copy available for public inspection in her office during all business hours.
The proposed ordinance was then read by long title.
VICE CHAIR HYER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE
CITY COUNCIL CHAMBERS ON MARCH 21, 2017, DURING THE CITY COUNCIL MEETING TO BE HELD AT
6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW.
MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Garner was not
present when this vote was taken.
Consideration of an appointment to the Ogden Trails Network Committee
A letter from Mayor Caldwell requesting consideration of the appointment of Erica Lyon to the Ogden Trails Network
Committee came before the Council for consideration.
VICE CHAIR HYER MOVED TO APPROVE THE APPOINTMENT OF ERICA LYON TO THE OGDEN
TRAILS NETWORK COMMITTEE, WITH HER TERM TO EXPIRE JUNE 30, 2018. MOTION WAS SECONDED BY
COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Garner was not present when this vote was taken.
Proposed Resolution 2017-5 determining the adequacy of consideration for
a short-term lease of City property located at 340 Washington Boulevard to
Family Promise of Ogden
A memo from the Community and Economic Development Department regarding the proposed lease of city property to
Family Promise of Ogden came before the Council for consideration. The memo stated City Administration is recommending that
Family Promise of Ogden, a 501(c)(3) non-profit organization, be permitted to lease the property and vacant city building at 340
Washington Boulevard (formerly used as Fire Station 3). This would occur as a no-cost lease; however, Family Promise of Ogden
would be responsible for all utility and maintenance costs associated with its occupancy. The proposed lease extends from April 1,
2017 to March 30, 2018. The City Council must determine whether the tangible and intangible benefits that come from leasing
this property are adequate.
Chair White then introduced in writing proposed Resolution 2017-5, entitled:
“A resolution of the Ogden City Council determining the adequacy of consideration to be received for the lease
of City property located at 340 Washington Boulevard.”
A copy of the proposed resolution was deposited with the Deputy City Recorder and ordered that the City Recorder have
at least one copy available for public inspection in her office during all business hours.
The proposed resolution was then read by long title.
VICE CHAIR HYER MOVED A PUBLIC HEARING ON THE PROPOSED RESOLUTION BE HELD IN THE
CITY COUNCIL CHAMBERS ON MARCH 21, 2017, DURING THE CITY COUNCIL MEETING TO BE HELD AT
6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW.
MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Garner was not
present when this vote was taken.
Presentation by Weber County 4-H Livestock Ambassador Abby Hudman
regarding the Junior Livestock program and Livestock Auction
Ms. Hudman approached the Council and stated she is present to discuss the Weber County 4-H Junior Livestock
Auction. She indicated she is commonly asked about the purpose of the 4-H program so she provided the Council with
information about the offerings of the program, including livestock, robotics, food, fine arts, portfolios, and patchwork. It is
available to children in grades three through twelve and teaches them how to be courteous, honest, and knowledgeable in the
participant’s field of expertise. She recited the 4-H pledge, which is “I pledge my head to clearer thinking, my heart to greater
loyalty, my hands to larger service, and my health to better living, for my club, my community, my country, and my world.” She
stated participants dedicate countless hours to county or state projects and participate in local and state competitions throughout
the year as well. The Weber County Auction is Saturday, August 12, 2017. The auction begins at full price and escalates; buyers
pay by pound, not by head of livestock and buyers need not be present to participate. She noted that buyers can send a stand-in to
bid on their behalf. 4-H participants depend upon buyers to provide them with funding to continue in their field of expertise the
following year. She provided information regarding average animal yields and stated there are many experienced people at the
auction that can provide accurate information to buyers. Split-buying is an option and allows buyers to pay an equal amount to
receive an equal amount of animal; buyer-pools allow buyers to receive a percentage of an animal based on the percentage of the
purchase price they cover. She added that buyers can also choose to donate to a cause of their choice rather than purchase an
animal. She stated she interviewed past 4-H participants as well as buyers to gauge their feelings about their experience with the
program. She received much positive feedback that indicates that the 4-H program provided many great benefits to participants
relative to education opportunities and personal finance. Buyers indicated that they also had a very positive experience and the
animal product they received was of the highest quality. Many buyers became involved to support family or friends, but stayed
involved because they feel the program is great for youth of the community. Hard work teaches important life lessons and hard
work is a big part of participating in the 4-H program.
Mayor Caldwell stated that he and his family has participated in the 4-H program in the past. He said Ms. Hudman is a
great representative of the program and he thanked her for the information provided.
Council member Nadolski stated Ms. Hudman’s presentation was of the highest quality and he complimented her on her
confidence and public speaking skills.
Ms. Hudman concluded that Weber County has built a facility for participants of the 4-H program to keep their livestock
if they do not have other means to keep an animal. She reported information about the facility can be found at
www.WeberCounty4h.com. She thanked the Council for their attention to her presentation.
Chair White also complimented Ms. Hudman on her presentation skills and thanked her for the information provided.
Council member Stephens stated that the 4-H program teaches great skills and values to youth and he commended Ms.
Hudman for her participation in the program. Vice Chair Hyer and Council member Lopez agreed and thanked Ms. Hudman for
her presentation. Council member Lopez asked if there is anything the City can do to support the program. Ms. Hudman stated
that participation in the annual auction is the best way to support 4-H participants.
Proposed Ordinance 2017-11 amending the Ogden Municipal Code to
revise membership criteria for the Ogden Diversity Commission
A memo from Council staff regarding proposed amendments to the Ogden Municipal Code pertaining to membership of
the Ogden Diversity Commission came before the Council for consideration. The memo stated City Administration is proposing a
revision to the membership criteria for the Ogden Diversity Commission to strike out the statement in subsection 3-18-2.A that
reads “There shall be nine members appointed initially.” This request is a result of the Administration proposing eleven members
to be appointed to the Ogden Diversity Commission. Attached is the amended ordinance proposal.
Chief Deputy City Attorney Brown summarized the memo and stated that following a very strong showing of applicants
interested in appointments to the Commission, City Administration felt it was appropriate to recommend eleven individuals to be
appointed to the Commission. The ordinance adopted by the Council in September of 2016 that created the Commission called for
a body of nine members. She stated at this time, City Administration is recommending that the Ogden Municipal Code be
amended to change the membership of the Commission to eleven members.
Vice Chair Hyer stated he has enjoyed being involved in the process of creating the Diversity Commission and thanked
those interested in being appointed to serve as one of its members.
Chair White echoed Vice Chair Hyer’s comments and stated she is sure it was difficult to narrow the number of
applicants to eleven.
Chair White introduced in writing proposed Ordinance 2017-11, entitled:
“An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Subsection 3-18-2.A to
review membership criteria for the Ogden Diversity Commission; and by providing that this ordinance shall
become effective immediately upon posting after final passage.”
A copy of the proposed ordinance was deposited with the Deputy City Recorder and ordered that the City Recorder have
at least one copy available for public inspection in her office during all business hours.
The proposed ordinance was then read by long title.
ON A MOTION BY COUNCIL MEMBER STEPHENS AND SECONDED BY COUNCIL MEMBER LOPEZ,
ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2017-11 AND ORDERED POSTED AS
REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS
BLAIR, LOPEZ, NADOLSKI, STEPHENS, VICE CHAIR HYER, AND CHAIR WHITE. VOTING NO – NONE.
Council member Garner was not present when this vote was taken.
The Chair signed the ordinance as passed and adopted and the Chair’s signature was attested by the City Recorder. The
authenticated ordinance was then filed with the City Recorder for transmittal to the Mayor for review and consideration.
Vice Chair Hyer stated he was initially hesitant to increase the membership from nine to eleven, but with the
implementation of a functional committees strategy it should be possible to address any issues that arise relative to adequate
representation on the Commission.
Consideration of the appointments to the Ogden Diversity Commission
A letter from Mayor Caldwell requesting consideration of the appointments of Azenett A. Garza Caballero, Betty O.
Sawyer, Linda K. Oda, Priscilla M. Martinez, Taylor N. Knuth Turner C. Bitton, Adrienne Gillespie Andrews, Ami Roya
Noshiravan, Enrique Romo, Fred J. Lopez and Stanley L. Ellington to the Ogden Diversity Commission came before the Council
for consideration.
Vice Chair Hyer asked when the Commission would hold its first meeting. Ms. Brown replied that is yet to be
determined. She added that meetings will be held in the Council Chambers in the Ogden Municipal Building.
Chair White noted that some members will be appointed for a one year term with others being appointed for a two year
term. Ms. Brown stated that is correct and clarified that each subsequent term will be three years.
Council member Nadolski stated the Council has previously discussed considering gender representation among all
Boards and Committees of the City and he stated that issue will be ‘on his radar’ as the Commission forms and meets.
Council member Lopez stated that considering recent occurrences and situations that have arisen in the nation due to
immigration issues, there is a lot of concern in the community about risks the immigrant community may be exposed to. He stated
this may be a good topic for the Commission to consider.
VICE CHAIR HYER MOVED TO APPROVE THE APPOINTMENTS OF AZENETT A. GARZA
CABALLERO, BETTY O. SAWYER, LINDA K. ODA, PRISCILLA M. MARTINEZ, TAYLOR N. KNUTH AND
TURNER C. BITTON TO THE OGDEN DIVERSITY COMMISSION, WITH THEIR TERMS TO EXPIRE MARCH 7,
2018 AND THE APPOINTMENTS OF ADRIENNE GILLESPIE ANDREWS, AMI ROYA NOSHIRAVAN, ENRIQUE
ROMO, FRED J. LOPEZ AND STANLEY L. ELLINGTON TO THE OGDEN DIVERSITY COMMISSION, WITH
THEIR TERMS TO EXPIRE MARCH 7, 2019. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL
VOTING AYE. Council member Garner was not present when this vote was taken.
Mayor Caldwell stated that Committees are only as good as their individual members. He thanked the appointees for
their wiliness to serve and commitment to this process. He looks forward to the conversations that the Commission will have as
they tackle tough issues facing the City. He thanked staff that provided the framework for the creation of the Commission and
appointment of members and concluded that he expects great things from the Commission.
Vice Chair Hyer explained that one of the first orders of business for the Commission will be to establish rules of order
and procedure and he asked that the appointees begin thinking about that. He also suggested that the rules include an attendance
requirement for members.
Public Comments
Gary Kopecky stated that several months ago, he had the opportunity to brief the Council regarding concerns that he and
others have about issues at the Ogden Airport. He stated that he has reviewed some budget proposals, one of which is a $50,000
expenditure for a pollution unit known as an Air Start Cart at the Airport. He wondered who needs an Air Start Cart these days
because modern airliners to not require them. The only airliner that he believes requires the unit is a 727, which was
decommissioned in the mid-1980s. All newer generation airliners have an auxiliary power unit onboard for starting capability. He
asked who the City is entertaining that would have a requirement for an Air Start Cart.
Vice Chair Hyer stated the Council does not have answers to those questions this evening, but will follow up with City
Administration as the budget is discussed over the coming months.
Mayor Comments
Mayor Caldwell reported that there are just two business days left in the 2017 Legislative Session. He thanked members
of Administrative staff for their hard work in actively tracking over 300 bills throughout the session and for adequately
representing the City. He added that all Department Directors and Deputy Directors have been involved in the Session. He
invited those in attendance to participate in the Fly Fishing Film Tour to be held this Friday and explained that it is a fundraiser for
local river restoration, which is needed now more than ever due to recent weather conditions that have impacted rivers.
Council member Comments
Council member Nadolski stated that there is a strong population of mountain goats that reside in the foothills of the
mountains above Ogden City. The herd requires active management from the Division of Wildlife Resources and this Friday they
will be using helicopters to capture some of the goats and place tracking devices on them to track their migration corridors and
monitor their health. He stated residents may view the activities and commented that it is a very interesting process.
Vice Chair Hyer acknowledged the number of visitors that attended the meeting tonight and he thanked them for their
participation.
There being no further business to come before the Council, VICE CHAIR HYER MOVED THE MEETING
ADJOURN AT 6:38 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL VOTING AYE. Council
member Garner was not present when this vote was taken.
________________________________________
JULIA M. LASEURE, MMC
DEPUTY CITY RECORDER
________________________________________
MARCIA L. WHITE, CHAIR
APPROVED: July 11, 2017
Agenda
Ogden City
City Council
March 7, 2017
City Council Chambers
Municipal Building – Third Floor
2549 Washington Boulevard, Ogden, Utah 84401
4:00 p.m. Work Session
City Council Work Room
The purpose of the work session includes presentations and discussions regarding:
New Commercial Air Service Proposal;
FY2017 Budget Amendment – New Commercial Air Service;
Consideration for Lease of City Property to Family Promise of Ogden;
Planning Update;
Council member comments; and
Council business.
Any items not fully addressed prior to the City Council meeting, which begins at 6:00 p.m.,
may be addressed immediately following that meeting.
6:00 p.m. City Council Meeting
City Council Chambers
March 7, 2017
1. Roll Call.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Common Consent: (voice vote)
a. FY2017 Annual Action Plan Amendment #1. Proposed Resolution 2017-4 amending the Annual Action
Plan for the Fiscal Year 2017. (Set public hearing for March 21, 2017)
b. FY2017 Budget Amendment – Annual Action Plan. Proposed Ordinance 2017-6 amending the
FY2017 Budget for anticipated revenues for $1,289,210 related to FY2017 Annual Action Plan
Amendment #1. (Set public hearing for March 21, 2017)
c. FY2017 Budget Amendment – Airport Proposal. Proposed Ordinance 2017-12 amending the FY2017
Budget for anticipated revenues for $3,005,000. (Set public hearing for March 21, 2017)
d. Ogden Trails Network Committee Appointment. Consideration of the appointment of Erica Lyon to the
Ogden Trails Network Committee with her term ending June 30, 2018. (Approve appointment – voice
vote)
e. Consideration for Lease of City Property to Family Promise of Ogden. Proposed Resolution 2017-5
determining the adequacy of consideration for a short-term lease of City property located at 340
Washington Boulevard to Family Promise of Ogden. (Set public hearing for March 21, 2017)
5. Request to be on the Agenda:
a. 4-H Junior Livestock Auction. Presentation by Weber County 4-H Livestock Ambassador Abby
Hudman regarding the Junior Livestock program and Livestock Auction.
March 7, 2017
Page 2 of 2
6. Reports from the Administration:
a. Ogden Diversity Commission.
i. Presentation.
ii. Proposed Ordinance 2017-11 amending the Ogden Municipal Code to revise membership criteria for
the Ogden Diversity Commission. (Adopt/not adopt ordinance – roll call vote)
iii. Consideration of the appointments of Azenett A. Garza Caballero, Betty O. Sawyer, Linda K. Oda,
Priscilla M. Martinez, Taylor N. Knuth and Turner C. Bitton to the Ogden Diversity Commission with
terms to expire the effective date of approval in 2018 and Adrienne Gillespie Andrews, Ami Roya
Noshiravan, Enrique Romo, Fred J. Lopez and Stanley L. Ellington to the Ogden Diversity
Commission with terms to expire the effective date of approval in 2019. (Approve/not approve
appointments – voice vote)
7. Public Comments. This is an opportunity to address the Council regarding concerns or ideas on any topic.
To be considerate of everyone at this meeting, public comment will be limited to three minutes per person.
Participants are to state their name and address for the record. Comments which cannot be made within
these limits should be submitted in writing to the City Council Office (citycouncil@ogdencity.com).
The Council encourages civil discourse for everyone who participates in our meetings. Comments pertaining
to an agenda item that includes a public hearing or public input should be given during the meeting as that
item is discussed.
8. Comments:
a. Mayor.
b. Council members.
9. Adjournment.
Continuation of Work Session if Necessary
Public meetings may be held electronically in accordance with Utah Code Annotated 52-4-207 to allow Council members to
participate via teleconference. The anchor location for the meeting shall be on the 3rd Floor of the Ogden Municipal Building,
2549 Washington Blvd., Ogden Utah.
In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this
meeting should contact the Management Services Department at 629-8701 (TDD # 629-8949) or by email:
ADACompliance@ci.ogden.ut.us at least 48 hours in advance of the meeting.
CERTIFICATE OF POSTING
The undersigned, duly appointed City Recorder, does hereby certify that the above notice and/or agenda was posted in
accordance with Utah State Code Annotated 52-4-202(3) on this 3rd day of March, 2017 in the following places: 2nd floor
foyer of the Ogden City Municipal Building; the Utah State Public Notice website, the Ogden City website, and provided to the
Standard-Examiner.
TRACY HANSEN, MMC
OGDEN CITY RECORDER
Visit the City Council Meetings page at: councilmeetings.ogdencity.com
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